Riva NSW Pty Ltd (ACN 113 881 815) v Mark a Fraser and Christopher P Clancy t/as Fraser Clancy Lawyers (ABN 27 526 211 743)

Riva NSW Pty Ltd (the applicant) sought to set aside a costs order made against it in favour of Mark A Fraser and Christopher P Clancy trading as Fraser Clancy Lawyers (the respondents). The dispute concerned an application to set aside a costs order made by the District Court of New South Wales.

The primary legal issue before the Court of Appeal of New South Wales was whether the District Court had erred in making a gross sum costs order pursuant to s 98(4)(c) of the *Civil Procedure Act 2005* (NSW) and assessing those costs on an indemnity basis under Rule 42.5 of the *Uniform Civil Procedure Rules 2005* (NSW).

Emmett JA considered the principles governing the award of costs on an indemnity basis and the circumstances in which a gross sum order for costs may be made. The Court ultimately found that the District Court had not erred in its exercise of discretion in making the costs order.

The Court of Appeal ordered that the applicant pay the first respondent $35,000.